they were granted asylum here in 2010, but the obama administration decided to appeal that ruling and the family ultimately lost. their attorney told me today he's having a hard time understanding why this administration has con so much to stop arrests and deportations for illegal immigrants but is actively trying to deport this family. >> the fact that we have room for 12 million and not room for one family tells you there's something amiss about this administration. >> pie the way, bret, this family could lose custody of their children if forced to go back to germany and they don't go to school there. >> all along they have argued this family doesn't qualify, they're not part of a recognized social group that should be given asylum and that's how we've ended up at the supreme court. and when their family attorney that we talked to there filed with the supreme court, the administration took the step of deciding not to file any type of response. so just days before the justices were scheduled to vote on whether or not to take up this case, the supreme court ordered this administration